The original instrument and the following digest, which constitutes no part of the
legislative instrument, were prepared by Alan Miller.
DIGEST
SB 33 Original 2021 Regular Session Fields
Present law requires the Council on Peace Officer Standards and Training (council) to develop and
implement curriculum for de-escalation, bias policing recognition, sudden in-custody death, and
crisis intervention training, which shall include training for law enforcement interaction with persons
with mental illness and persons with developmental disabilities, for peace officers that consists of
classroom or internet instruction, or both, no later than January 1, 2018.
Proposed law retains present law and further requires the council to develop and implement
curriculum to provide instruction for law enforcement personnel on the duty to intervene which shall
include training that consists of classroom or internet instruction, or both, no later than January 1,
2022.
Proposed law requires any law enforcement agency that utilizes body worn cameras to have a policy
regarding the activation and deactivation of such cameras by the officer no later than January 1,
2022.
Proposed law requires any law enforcement motor vehicle that is equipped with a dash camera that
has the technology to automatically record upon the activation of the motor vehicle's police
emergency lights to utilize that technology no later than January 1, 2022.
Proposed law prohibits the use of choke holds and carotid holds, except when the officer reasonably
believes he or another person is at risk of great bodily harm or when deadly force is authorized.
Proposed law provides that no law enforcement officer shall seek, execute, or participate in the
execution of a no-knock search warrant, except in cases where both of the following apply:
(1) The affidavit supporting the request for the warrant establishes probable cause that exigent
circumstances exist requiring the warrant to be executed in a no-knock manner. Exigent
circumstances include circumstances where the surprise of a no-knock entry is necessary to
protect life and limb of the law enforcement officers and the occupants.
(2) The copy of the warrant being executed that is in the possession of law enforcement officers
to be delivered includes the judge's signature.
Proposed law provides that a search warrant authorized under proposed law shall require that a law
enforcement officer be recognizable and identifiable as a uniformed law enforcement officer and
provide audible notice of his authority and purpose reasonably expected to be heard by occupants
of such place to be searched prior to the execution of such search warrant.
Proposed law provides that after entering and securing the place to be searched and prior to
undertaking any search or seizure pursuant to the search warrant, the executing law enforcement
officer shall read and give a copy of the search warrant to the person to be searched or the owner of
the place to be searched or, if the owner is not present, to any occupant of the place to be searched.
Proposed law provides that if the place to be searched is unoccupied, the executing law enforcement
officer shall leave a copy of the search warrant suitably affixed to the place to be searched.
Proposed law requires that search warrants authorized under proposed law be executed only in the
daytime except in either of the following instances:
(1) A judge authorizes the execution of such search warrant at another time for good cause
shown.
(2) The search warrant is for the withdrawal of blood. A search warrant for the withdrawal of
blood may be executed at any time of day.
Proposed law prohibits any evidence obtained from a search warrant in violation of proposed law
from being admitted into evidence for prosecution.
Proposed law defines "no-knock warrant" as a warrant issued by a judge that allows law enforcement
to enter a property without immediate prior notification of the residents, such as by knocking or
ringing a doorbell.
Effective August 1, 2021.
(Amends R.S. 40:2404.2(C); adds R.S. 40:2551-2553, and Code of Criminal Procedure Article
162.3)


Statutes affected:
SB33 Original: 40:2(C)